Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

Full story

LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Judicial Review by Third Parties – 11 KBW

Posted November 20th, 2012 in judicial review, news, public procurement, tenders, third parties by sally

Judicial Review by Third Parties (PDF)

11 KBW, 16th November 2012

Source: www.11kbw.com

JR, the rule of law, and administrative justice – NearlyLegal

Posted November 20th, 2012 in housing, judicial review, news, rule of law by sally

“According to Cameron, there is a need to restrict the right to judicial review to ensure the country’s economic competitiveness. As he put it, judicial review should, therefore, cost more, have shorter deadlines, and fewer rights of appeal. This is so that ‘people think twice about time wasting’.”

Full story

NearlyLegal, 20th November 2012

Source: www.nearlylegal.co.uk

MoJ plans for judicial review reform face sceptical response from lawyers – Legal Week

Posted November 20th, 2012 in judicial review, legal profession, news by sally

“The Ministry of Justice (MoJ) is to reform the judicial review process in an attempt to reduce the number of ‘weak or ill-conceived cases’ the Government says are clogging up courts, with the news greeted with a sceptical response from the legal profession.”

Full story

Legal Week, 19th November 2012

Source: www.legalweek.com

Diminishing judicial review will reverse 50 years of legal progress – The Guardian

Posted November 20th, 2012 in civil justice, judicial review, news, rule of law by sally

“We ought always to strive to streamline our judicial system, but our right of access to justice should not be lightly interfered with.”

Full story

The Guardian, 19th November 2012

Source: www.guardian.co.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Judicial review statistics: how many cases are there and what are they about? – The Guardian

Posted November 20th, 2012 in immigration, judicial review, news, statistics by sally

“The government wants to restrict judicial review cases. But how common are they anyway?”

Full story

The Guardian, 19th November 2012

Source: www.guardian.co.uk

A war on Judicial Review? – UK Human Rights Blog

Posted November 19th, 2012 in delay, human rights, immigration, judicial review, news by sally

“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”

Full story

UK Human Rights Blog, 19th November 2012

Source: www.ukhumanrightsblog.com

Unclogging the courts – Ministry of Justice

Posted November 19th, 2012 in delay, fees, judicial review, news by sally

“The problem of costly and spurious review cases clogging up the courts will be tackled by new plans announced by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 19th November 2012

Source: www.justice.gov.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

Full story

The Independent, 19th November 2012

Source: www.independent.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

Full story

Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

Test case could dictate admissions policy in faith schools – Daily Telegraph

“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

GCSE results row: high court to hear schools’ appeal for judicial review – The Guardian

Posted November 7th, 2012 in education, examinations, judicial review, news by sally

“A high court judge has ordered an urgent hearing of a legal challenge over the summer’s GCSE English controversy mounted by an alliance of pupils, schools and councils.”

Full story

The Guardian, 6th November 2012

Source: www.guardian.co.uk

Mother of man with cerebral palsy sues hospital over son’s DNR order – The Guardian

Posted November 5th, 2012 in families, hospitals, inquests, judicial review, medical treatment, news by sally

“The mother of a 28-year-old man with cerebral palsy is suing the hospital where he died, alleging its staff failed to consult her on a decision not to attempt resuscitation and did not administer his medication appropriately.”

Full story

The Guardian, 4th November 2012

Source: www.guardian.co.uk

High Court blocks UK detainee transfers in Afghanistan – BBC News

“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”

Full story

BBC News, 2nd November 2012

Source: www.bbc.co.uk

Related link: Document released in court by MoD

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

Full story

UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com